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Mohaib Qurban was told by medics that he was lucky not to have lost his sight after he was seriously injured by the officer in Dean Street, city centre.

Some of the shocking incident was captured on CCTV cameras near Birmingham Markets and appears to show the officer punching down towards Mohaib as he lies prone beside the wheels of a parked car.

Mohaib Qurban was injured during an arrest in 2012

The footage, which has been obtained by the Birmingham Mail, then zooms in and shows him lifted into view before the same officer is clearly seen delivering two violent knees to his head whilst his arms and legs are pinned by a further three police.

Mr Qurban’s initial “excessive force” complaint was dismissed by West Midlands Police – but an appeal to the Independent Police Complaints Commission (IPCC) has now been upheld.

The force has confirmed the officer is facing an internal disciplinary hearing, but will not be prosecuted in court for the March 2012 incident following an IPCC referral to the Crown Prosecution Service (CPS) which decided not to proceed with the case.

Despite his injuries the 23-year-old from Sparkbrook, who was also sprayed with CS gas, was himself accused of assault before a court case against him was dropped in September 2012.

The trainee forklift truck driver lost his factory job after spending more than a month recuperating.

Mohaib said: “I just want to see justice served. I want the officer to go through what I had to go through.

“I think he should face the courts like I had to face the courts and I think he should lose his job, just like I lost my job.”

The IPCC probe found that the officer had been complained about before, but the nature of them and the number were not revealed to the complainant.

Mohaib added: “I have been very patient and I have gone through all of the official channels, speaking with lawyers, the CPS, the police and the IPCC.

“But this officer is still out there on the streets and nothing seems to be happening. An issue like this just can’t be ignored.

“They also found issues with pocket notes, CS gas and radio transmissions.

“I have no idea why he did it, maybe he just had a bad day, but whatever the reason was, it was not and never would be justifiable.”

Mohaib says he had been drinking vodka before his arrest and had been sitting in the passenger seat of a car in Dean Street.

He says the whole incident started when he threw a paper cup out of the passenger window.

The cup was thrown back into the vehicle and an officer appeared to say there had been reports of a group acting in a drunk and disorderly manner.

Mr Qurban said the next thing he knew he was pushed against the bonnet.

At this point he, along with his friends were sprayed with CS gas by a second officer and he was dragged to the floor by the first. He claims he was repeatedly punched in the face as he lay helplessly on the floor and hit with the knee twice in the head.

He was arrested on suspicion of being drunk and disorderly and for assaulting a police officer.

As well as a fractured eye socket he suffered cuts and bruises, a damaged jaw and has since had to have counselling for post traumatic stress.

A spokeswoman for West Midlands Police said: “The IPCC complaint was upheld, but no criminal charges were brought against the officer.

“The internal force disciplinary procedures are still ongoing.”

She added that she could not give a time for when those would be completed.

The IPCC confirmed that they upheld Mr Qurban’s complaint and sent the contents of its report to West Midlands Police to consider.